Terms of Use / User Agreement

Updated July 2014

BY USING KOMPOZ, YOU INDICATE YOUR AGREEMENT WITH THESE TERMS AND CONDITIONS.

IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, DO NOT USE THIS SITE.

KOMPOZ HAS THE RIGHT TO TERMINATE A USER'S ACCESS TO THIS SERVICE, AT ITS DISCRETION, WITHOUT NOTICE.

Definitions

Kompoz: Includes Kompoz, LLC, www.kompoz.com, its wholly owned websites, the elements of the website, its design, proprietary methodology, the operation of Kompoz's business and its assignees.
Collaboration: A combination of music and lyrics contributed to form a song.
Content: Includes, but is not limited to user submissions, photos, text, files, user profiles, and user accounts.
Objectionable Content: Please refer to the Appendix below.
Objectionable Conduct: Please refer to the Appendix below.
Released track: The specific parts or mix of the collaboration proposed or offered for sale.
Seller Agreement: An agreement entered into by collaborators on a specific Released Track.

Copyright Notice

Copyright © 2007-2014, Kompoz, LLC. All rights reserved. Reproduction of any material is prohibited. Permission to use all documents and related graphics and any other material from this website is subject to these Terms and Conditions.

Content/Copyright

Kompoz does not claim any rights to a user's music other than: 1/ the right to display it in Kompoz; 2/ the rights set forth below; or 3/ to collect a commission on sales occurring on Kompoz (see released collaborations below).

Users agree not to use Kompoz to exchange or post content that is copyrighted (except by parties involved in Kompoz collaborations) or that is otherwise illegally transferred. Kompoz reserves the right to suspend or otherwise terminate content exchanges it believes infringe on rights of others under copyright law or other applicable law.

By uploading content to Kompoz, you grant Kompoz worldwide, royalty-free and for payment of no compensation of any kind, a non-exclusive, perpetual, license(s) to use and publicly display such content on Kompoz.

Open Music Agreement

By submitting your music to a collaboration on Kompoz, you are allowing others to build and improve upon your work. You are not giving up ownership of your music/lyrics, but are offering some rights to others under a certain set of conditions. In particular, by submitting audio files and supporting materials, you are agreeing that your music is licensed under the license agreement defined for the collaboration to which you are submitting music. Most often, this license agreement is one of the Creative Commons licenses. Further, by submitting files and supporting materials, you acknowledge that you have read the full license applicable for each collaboration to which you are contributing.

By submitting your music to a collaboration on Kompoz, you grant to Kompoz the non-exclusive right, throughout the world, in perpetuity to broadcast, and exhibit your work. Furthermore, Kompoz is granted the non-exclusive right to advertise, promote and market the composition through any and all methods, means and media, whether now known or hereafter devised. You further understand and agree that the collaboration owners may release a completed mix for a collaboration, which may or may not include your contributions. If your contributions are included in a released mix, the collaboration owner will be required to provide attribution to your work.

Released Collaborations

By electing to release their collaborations, members agree that their collaborations can be sold on Kompoz based on the Seller Agreement for that released track.

Note: Where there is a discrepancy between this Agreement and the Seller Agreement, the Seller Agreement will take precedent.

Revenue Deposit

Revenue deposits to members is governed by the Seller Agreement for each released track.

Code of Conduct

Kompoz is intended to be a positive, constructive, and creative environment for the production of new music, and for worldwide music collaboration. Users agree to use Kompoz accordingly.

User agrees not to engage in any conduct that Kompoz -- in its sole discretion -- deems objectionable conduct (see Appendix below). Kompoz reserves the right to suspend and/or delete users that engage in such conduct.

Users agree not to use Kompoz to upload, post, email, transmit or otherwise make available any content that Kompoz -- in its sole discretion -- deems objectionable content (see Appendix below). Kompoz reserves the right to delete such content.

No Warranties

Kompoz may include technical inaccuracies or typographical errors. Kompoz has the right to make changes and updates to any information contained within this server without prior notice.

Kompoz is provided on an "as is" basis without warranties of any kind. No information given by Kompoz, or its respective employees will create any warranty.

Some states do not allow the exclusion or limitation of incidental or consequential damages or the limitation of duration of an implied warranty, so the limitation or exclusion herein may not apply to you. This warranty will not apply to the extent that any provision of this warranty is prohibited by any federal, state, or local law that cannot be preempted. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state and country to country.

No Endorsement

Reference to any products, services, processes, hypertext links to third parties or other information by trade name, trademark, manufacturer, supplier or otherwise does not imply its endorsement, sponsorship, or recommendation by Kompoz.

Kompoz reserves the right to discontinue or modify any of the information contained on this service, or the service, at any time. Kompoz has the right to modify these terms and conditions at any time. This agreement will be governed by the laws of the United States of America. If any provision of this Agreement is declared invalid or unenforceable, the remaining provisions of this Agreement will remain in effect. The user agrees to comply with all applicable laws in using this service or the Materials.

Copyright Complaints

If you believe that any material on the Kompoz website violates any copyright or similar right which you own or control, you should a/ notify Kompoz by selecting "Contact Us" on kompoz.com, or b/ send a written notification of such infringement to our Designated Agent as set forth below:

Name of Agent Designated to Receive Notification of Claimed Infringement: David Bercuson, P.A.

Full Address of Designated Agent to Which Notification Should be Sent: Town Center One, Suite 1813 | 8950 Southwest 74 Court | Miami, FL 33156

E-Mail Address of Designated Agent: db@bercusonlaw.com

To meet the notice requirements under the Digital Millennium Copyright Act (DMCA), the notification must consist of a written communication that includes the following:

Kompoz PLUS/PRO Membership

The current rates and features for a Kompoz PLUS/PRO Membership are listed in the Pricing Plans. All purchases are final. Purchaser agrees that PLUS/PRO Membership privileges are non-refundable in the event that the Purchaser chooses to cancel his/her membership. No refund will be made in the event of termination of Purchaser's membership due to a violation of the Terms of Use. Purchaser acknowledges, agrees and authorizes Kompoz to renew Purchaser's monthly PLUS/PRO Membership, automatically, every month, or yearly PLUS/PRO Membership, automatically, every year, until such time as Purchaser instructs Kompoz, to stop the renewals. Renewals can be stopped from the My Account page at kompoz.com.

Kompoz's proprietary elements

Kompoz provides this site for the facilitation of collaboration among artists. The user is not permitted to commercially exploit Kompoz.

The user may not copy, reverse engineer, translate, port, modify, or make derivative works. The user may not rent, disclose, publish, sell, assign, lease, sublicense, market, or Kompoz or its elements. The user may not derive or attempt to derive the source code or structure of all or any portion of Kompoz by reverse engineering, disassembly, decompilation, or any other means. The user will not alter or remove any copyright notice or proprietary legend contained in or on Kompoz.

Disclaimer of Liability

The user of this system assumes all responsibility and risk for the use of the site and the internet generally. Kompoz and its affiliates disclaim all warranties, representations, or endorsements, express or implied, with regard to the site, including, but not limited to, all implied warranties of merchantability, fitness for a particular purpose, or noninfringement. Kompoz does not assume any legal liability or responsibility for the accuracy, completeness, or usefulness of this site. Kompoz will not be liable for any compensatory, special, direct, incidental, indirect, consequential damages, exemplary damages or any other damages resulting from loss of use, data, or profits, arising out of or in connection with the use or performance of the site. If this limitation of liability or the exclusion of warranty is held inapplicable or unenforceable for any reason, then Kompoz's maximum liability for any type of damages shall be limited to U.S. $100.00.

Appendix

Objectionable Content: Any content deemed to be harmful, threatening, abusive, harassing, vulgar, obscene, hateful, pornographic, libelous, or otherwise objectionable. Kompoz reserves the right to remove content without notice, from Kompoz because it is harmful, threatening, abusive, harassing, vulgar, obscene, hateful, pornographic, libelous or otherwise deemed, in the sole discretion of Kompoz, to be objectionable or incompatible with these Terms of Use and/or the goals of the Kompoz .

Objectionable Conduct: Any conduct deemed to be objectionable, including: uploading any content that infringes upon any patent, trademark, trade secret, copyright or other proprietary rights of any party; uploading submissions that users do not have a right to make available under applicable law or any contractual or fiduciary relationships; impersonating any person or entity, or falsely stating or otherwise misrepresenting themselves or their affiliation with any person or entity; uploading, posting, emailing, transmitting or otherwise making available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation or commercial solicitation; uploading, posting, emailing, transmitting or otherwise making available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; intimidating or harassing another user; using or attempting to use another user's account, service or system without prior written authorization from Kompoz; maintaining more than one user account; uploading files on another's behalf; or creating a false identity on the Kompoz website.